1 2025:CGHC:10317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1643 of 2025 Vinodchandra Somchand Shah S/o Shri Somchand Shah Aged About 71 Years R/o 3/27, Abhilasha Apartment Vyasvani, Navavadaj, Ahmedabad City, Naranpur Vistar, Ahmedabad (Gujarat), 380013, Adhar No. 8013 3993 2105 ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Vishrampur, District Surajpur, C.G. ... Non-applicant For Applicant : Mr. Vivek Kumar Agrawal, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 149/2023 registered at Police Station : Vishrampur, District – Surajpur (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code and Sections 4, 5 and 6 of the Chit Fund Evam Dhan Parichalan Adhiniyam and Section 10 of the Chhattisgarh Protection of Depositor’s Interest Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.04 10:44:16 +0530 2 2. According to the prosecution's case, Mr. Mineshwar Prasad Rajwade, the complainant, filed a complaint with the District Collector, Surajpur, alleging that Abhivap Producer Company Limited had lured him with promises of tripling his investment within a year. Consequently, he invested in the company, but after the maturity period, the company failed to return his investment. Following the complaint, an FIR was registered, and an investigation revealed that the company's branch ofÏce was located at 5-1-29, R.C. Vyas Colony, Bhilwara, Rajasthan. During the course of the investigation, co-accused Dinendra Kumar Dadhich, Anant Dadhich, Kapil Jain, and Mahesh Kumar Sen were arrested from Bhilwara. Subsequently, during the ongoing investigation, the applicant was also arrested and incarcerated. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Dinendra Kumar Dhadhich, Anant Dhadhich, Kapil Jain and Mahesh Kumar Sen in MCRC No. 8892 of 2024 vide order dated 06.02.2025 have already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge -sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and 3 the fact that the other co-accused person, namely, Dinendra Kumar Dhadhich, Anant Dhadhich, Kapil Jain and Mahesh Kumar Sen in MCRC No. 8892 of 2024 vide order dated 06.02.2025 have already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Vinodchandra Somchand Shah, involved in Crime No. 149/2023 registered at Police Station : Vishrampur, District – Surajpur (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code and Sections 4, 5 and 6 of the Chit Fund Evam Dhan Parichalan Adhiniyam and Section 10 of the Chhattisgarh Protection of Depositor’s Interest Act, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek